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HEALTH CARE PLAN OF NEW JERSEY, INC. v. SCHWEIKER

Civ. A. No. 81-1887.

553 F.Supp. 440 (1982)

HEALTH CARE PLAN OF NEW JERSEY, INC., Plaintiff, v. Richard S. SCHWEIKER, Secretary, United States Department of Health and Human Services; Joanne E. Finley, Commissioner, New Jersey Department of Health; New Jersey Hospital Rate Setting Commission, Defendants.

United States District Court, D. New Jersey.

February 8, 1982.

Attorney(s) appearing for the Case

Robert F. Blomquist, Davis & Reberkenny, Cherry Hill, N.J., for plaintiff.

W. Hunt Dumont, U.S. Atty. by Stephen Taylor, Asst. U.S. Atty., Newark, N.J., for defendant Richard S. Schweiker.

Irwin Kimmelman, Atty. Gen. by Charlotte Kitler, Deputy Atty. Gen., Dept. of Law and Public Safety, Div. of Law Labor, Industry and Health Section, Trenton, N.J., for defendants Joanne E. Finley and New Jersey Hosp. Rate Setting Comn.

FINDINGS OF FACT and CONCLUSIONS OF LAW

BROTMAN, District Judge.

This is an action in which plaintiff Health Care Plan of New Jersey, Inc., (hereinafter, "HCP") questions the constitutionality of the application to it of regulations propounded by the New Jersey Department of Health. HCP seeks to enjoin the defendants from continuing to enforce against HCP a state regulatory system which sets reimbursement rates for hospital services. The system is known...

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